Former CEO of Ports of Auckland Fined for Stevedore’s Death

The former chief executive at New Zealand’s Ports of Auckland (POAL) has been slapped with a fine of $110,000 (NZ$190,000) for the death of a stevedore in 2020. It is the first time that a company’s top leader has been convicted and sentenced for breaching safety duties in New Zealand.

The sentencing stems from an August 2020 incident in which stevedore Pala’amo (Amo) Kalati was crushed by a container at the port. The containership Constantinos P was docked in Auckland discharging containers at the Fergusson Container Terminal. Kalati, 31, and a colleague were working as lashers securing the containers to be lifted off the vessel. A lift went terribly wrong when two boxes were to be hoisted but a third was still partially attached. As they were hoisted, the third container fell loose, crashing down and killing Kalati.

Following his death, Maritime NZ filed two alternative charges, one against Ports of Auckland and the other against Tony Gibson, who served as CEO between 2011 and 2021. The charges were for a breach of the Health and Safety at Work Act 2015.

Gibson’s conviction and his subsequent sentencing mark the first time an officer of a large company has been convicted of a breach of their duties for safety in New Zealand. “Gibson had the knowledge, influence, resources and opportunity to address safety gaps and ensure that appropriate systems were in place at the port, but failed to do so,” said Kirstie Hewlett, Maritime NZ Director. She added that during Gibson’s tenure, Auckland was convicted of several offenses under health and safety legislation, with some resulting in fatalities and serious injuries.

Maritime NZ highlighted that the case should serve as a strong reminder to the top leadership of large companies that they need to understand the risks at their businesses and put in place controls and systems that ensure workplace safety.

Ports of Auckland was also charged and sentenced in the case, and was ordered to pay a fine of $320,000 (NZ$561,000).

Implications for Port Safety

As New Zealand’s largest container facility, Auckland handles about 850,000 TEU annually, equal to about 25 percent of the country’s containerized freight volume. The tragic incident and subsequent legal actions against the former CEO and the port itself highlight the importance of prioritizing safety in the maritime industry. It serves as a stark reminder that negligence in safety protocols can have severe consequences, not just for the individuals involved but for the entire organization.

Ensuring a safe working environment should be a top priority for all companies, especially those operating in high-risk industries like shipping and logistics. The case of Ports of Auckland serves as a cautionary tale for other companies to take proactive measures to identify and mitigate potential risks, establish robust safety protocols, and ensure compliance with all relevant regulations.

Ultimately, the safety and well-being of employees should always come first, and it is the responsibility of top leadership to lead by example and prioritize a culture of safety within their organizations.